Often times, I get calls from injured workers, who return to work, and are then subsequently laid off due to slow down or job elimination. It is a frequent occurrence. The questions always revolves around the workers compensation issue and entitlement to benefits.
The more typical scenario here involves a plant or warehouse and a typical slowdown period where shifts are laid off. Often, employers will instruct injured workers to apply for unemployment compensation benefits during the layoff period. You may indeed need the unemployment if the employer refuses to reinstate you to full, temporary total disability benefits, which you would be entitled to, under the Act.
The key to this rule revolves around what type of work you were doing when laid off. If you returned to work under restricted or light duty, and were laid off while working in that capacity, you are entitled to reinstatement to full wage loss benefits. If you return to work to your pre-injury, regular job, but are still having effects of injury and treating, you may be entitled to wage loss benefits.
If your employer has informed you that they are not going to pay your Workers’ Compensation benefits, you will need to file a “Petition to Reinstate” benefits. Simply call my office at 1-877-632-4656 or email me at mab@mooney4law.com to start that process. You will need an experienced workers compensation attorney to litigate the Petition.
In the meantime, you are most likely eligible for Unemployment Compensation benefits due to the lay-off from work. Your Unemployment Compensation benefits will eventually be credited toward any Workers’ Compensation Benefits you may receive as a result of your Petition to Reinstate, and the success of that Petition. However, you are most likely to begin receiving Unemployment Compensation benefits quicker in order to help you with your current loss of income.
Call Mooney & Associates today to protect your workers compensation rights. We represent injured workers in the following areas and those areas surrounding Greencastle, Chambersburg, Carlisle, Shippensburg, Gettysburg, Dillsburg, Hanover, York, and Harrisburg areas.
